Swasey v. Adair
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order denying a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtHarrison, J.
The complaint herein is in the ordinary form of an action for the recovery of the possession of certain personal property. 'When the cause came on for the trial, the appellant demanded a jury, and her application was denied by the court, “ on the ground that the defense set up was an equitable defense, and should be tried by the court in the first instance.” The correctness of this ruling is the principal error presented on this appeal.
It has been stated by this court in many cases that when the defendant interposes equitable and legal defenses to the complaint, the proper rule of procedure…
2Cases cited10 opinions
- Penziner v. West American Finance Co.California Supreme Court · 1937
- Davis v. DavisCalifornia Supreme Court · 1864
- Martin v. ZellerbachCalifornia Supreme Court · 1869
- Estrada v. MurphyCalifornia Supreme Court · 1861
- Lestrade v. BarthCalifornia Supreme Court · 1862
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3Cited by42 opinions
- McCall v. Superior CourtCalifornia Supreme Court · 1934
- Parker v. James Granger, Inc.California Supreme Court · 1935
- Union Pac. R. v. SyasCourt of Appeals for the Eighth Circuit · 1917
- Maas v. DunmyerSupreme Court of Oklahoma · 1908
- Orange Cnty. Water Dist. v. Alcoa Global Fasteners, Inc., California Court of Appeal, 5th District2017
37 more not listed; retrieve them via the Exa API.